WRSH partner, Frank Lombardo obtained a settlement in the amount of $3,800,000.00 after obtaining summary judgment on liability pursuant to Labor Law §240(1) for a 42-year-old construction worker. The decision was appealed to the Appellate Division, First Department, and a decision on the Appeal was expected imminently. The plaintiff, a laborer, slipped off a window sill in a common stairwell while scrapping the old paint from a window and preparing the window for painting.
The plaintiff sustained a hematoma to his right calf that became infected and required surgical intervention and placement of VAC dressing; surgical intervention to the lumbar spine consisting of a laminectomy and fusion at the L5-S1 level and a right knee meniscal tear requiring arthroscopic repair. Due to low reported wages before the accident Plaintiff had a minimal lost earnings claim.
The defendants contended that the plaintiff failed to use other available safety devices and pursuant to the hospital records the accident did not happen as plaintiff contended. The defendants also contended that the plaintiff’s lumbar and knee injuries were pre-existing and the surgeries where therefore not related to the accident.